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9.8 Time is of the Essence. Developers timely performance of its obligations <br />under this Agreement is an essential term of this Agreement. <br />9.9 Enforceability. If any provision of this Agreement is adjudged to be <br />invalid or unenforceable by a court of competent jurisdiction, this Agreement should be <br />construed as if such invalid or unenforceable provision had not been inserted herein and <br />should not affect the validity or enforceability of the remainder of this Agreement. <br />9.10 No Third Party Beneficiaries. Nothing in this Agreement, expressed or <br />implied, is intended to confirm any rights or remedies under or by reason of this <br />Agreement on any person other than the parties to it and their respective permitted <br />successors and assigns. <br />9.11 Business Days. If the date this Agreement establishes for a party's <br />performance of an obligation or delivery of a notice is not a Business Day, the date for <br />such performance or for the delivery of such notice is automatically extended to the next <br />Business Day. <br />9.12 Agreement to Pay Attorney's Fees and Expenses. Whenever a party <br />defaults in the performance of the party's obligations under this Agreement and one or <br />both of the other parties to this Agreement employs one or more attorneys to advise and <br />represent it in connection with such default or incurs other expenses in connection with or <br />as a result of the default, the defaulting party must, upon demand therefore, reimburse the <br />non -defaulting parties their reasonable fees of such attorneys and such other reasonable <br />expenses as the non -defaulting parties may incur. <br />B-6 <br />2695614v7 <br />12/07/10 <br />